Tuesday, November 27, 2012

Summary 2012 WY 149

Summary of Decision November 27, 2012

Justice Hill delivered the opinion for the Court. Affirmed.


Docket Number: S‑12‑0115

Appeal from the District Court of Lincoln County, Honorable Dennis L. Sanderson, Judge

Representing Appellant (Plaintiff/Defendant): Ethan L. Call, Pro se, Afton, WY

Representing Appellee (Plaintiff/Defendant): Joseph B. Bluemel of Bluemel Law Office, Kemmerer, WY

Date of Decision: November 27, 2012

Facts: Ethan L. Call filed a complaint in district court after making an unsuccessful construction bid to the Thayne, Wyoming, City Council (the “Town of Thayne”).  The district court granted the Town of Thayne’s combined motion for summary judgment and motion to dismiss and Call appealed. 


Call stated four issues:

1.                  The district court erred in dismissing the Complaint filed by [Call], as a pro se litigant, for failure to state a claim.
2.                  The actions of [the Town of Thayne] during the bid selection process deprived [Call] of any rights, privileges, or immunities secured under the Constitution and laws.
3.                  [The Town of Thayne] in awarding the bid to [its] ‘preferred bidder’ failed to do its duty to provide an independent observation of the evaluation and selection process in bidding the Canal Beautification Project for which [it was] going to use federal funds.
4.                  [The Town of Thayne’s] publication of an open invitation to bid on the Canal Beautification Project created an implied covenant of good faith and fair dealing.

Holdings: Given the deficient brief filed by Call and his failure to follow the Wyoming Rules of Appellate Procedure, the decision of the trial court was summarily affirmed.

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court

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